Qur'an, Hadith and Scholars:Dhimma: Difference between revisions

And the Jews say: The hand of Allah is tied up! Their hands shall be shackled and they shall be cursed for what they say. Nay, both His hands are spread out, He expends as He pleases; and what has been revealed to you from your Lord will certainly make many of them increase in inordinacy and unbelief; and We have put enmity and hatred among them till the day of resurrection; whenever they kindle a fire for war Allah puts it out, and they strive to make mischief in the land; and Allah does not love the mischief-makers.

The Jews call 'Uzair a son of Allah, and the Christians call Christ the son of Allah. That is a saying from their mouth; (in this) they but imitate what the unbelievers of old used to say. Allah's curse be on them: how they are deluded away from the Truth!

Narrated Abu Juhaifa: I asked 'Ali "Do you have anything Divine literature besides what is in the Qur'an?" Or, as Uyaina once said, "Apart from what the people have?" 'Ali said, "By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Quran and the ability (gift) of understanding Allah's Book which He may endow a man, with and what is written in this sheet of paper." I asked, "What is on this paper?" He replied, "The legal regulations of Diya (Blood-money) and the (ransom for) releasing of the captives, and the judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever)."

Narrated Ash-Sha'bi: Abu Juhaifa said, "I asked Ali, 'Have you got any book (which has been revealed to the Prophet apart from the Qur'an)?' 'Ali replied, 'No, except Allah's Book or the power of understanding which has been bestowed (by Allah) upon a Muslim or what is (written) in this sheet of paper (with me).' Abu Juhaifa said, "I asked, 'What is (written) in this sheet of paper?' Ali replied, it deals with The Diyya (compensation (blood money) paid by the killer to the relatives of the victim), the ransom for the releasing of the captives from the hands of the enemies, and the law that no Muslim should be killed in Qisas (equality in punishment) for the killing of (a disbeliever).

Narrated Abu Juhaifa: I asked Ali, "Do you have the knowledge of any Divine Inspiration besides what is in Allah's Book?" 'Ali replied, "No, by Him Who splits the grain of corn and creates the soul. I don't think we have such knowledge, but we have the ability of understanding which Allah may endow a person with, so that he may understand the Qur'an, and we have what is written in this paper as well." I asked, "What is written in this paper?" He replied, "(The regulations of) blood-money, the freeing of captives, and the judgment that no Muslim should be killed for killing an infidel."

Narrated Ali ibn AbuTalib: Qays ibn Abbad and Ashtar went to Ali and said to him: Did the Apostle of Allah (peace be upon him) give you any instruction about anything for which he did not give any instruction to the people in general? He said: No, except what is contained in this document of mine. Musaddad said: He then took out a document. Ahmad said: A document from the sheath of his sword. It contained: The lives of all Muslims are equal; they are one hand against others; the lowliest of them can guarantee their protection. Beware, a Muslim must not be killed for an infidel, nor must one who has been given a covenant be killed while his covenant holds. If anyone introduces an innovation, he will be responsible for it. If anyone introduces an innovation or gives shelter to a man who introduces an innovation (in religion), he is cursed by Allah, by His angels, and by all the people. Musaddad said: Ibn AbuUrubah's version has: He took out a document.

Narrated Abdullah ibn Amr ibn al-'As: The value of the blood-money at the time of the Apostle of Allah (peace be upon him) was eight hundred dinars or eight thousand dirhams, and the blood-money for the people of the Book was half of that for Muslims. He said: This applied till Umar (Allah be pleased with him) became caliph and he made a speech in which he said: Take note! Camels have become dear. So Umar fixed the value for those who possessed gold at one thousand dinars, for those who possessed silver at twelve thousand (dirhams), for those who possessed cattle at two hundred cows, for those who possessed sheep at two thousand sheep, and for those who possessed suits of clothing at two hundred suits. He left the blood-money for dhimmis (protected people) as it was, not raising it in proportion to the increase he made in the blood-wit.

Narrated Bashir, the Client of the Apostle of Allah: Bashir's name in pre-Islamic days was Zahm ibn Ma'bad. When he migrated to the Apostle of Allah (peace be upon him). He asked: What is your name? He replied: Zahm. He said: No, you are Bashir. He (Bashir) said: When I was walking with the Apostle of Allah (peace be upon him) he passed by the graves of the polytheists. He said: They lived before (a period of) abundant good. He said this three times. He then passed by the graves of Muslims. He said: They received abundant good. The Apostle of Allah (peace be upon him) suddenly saw a man walking in shoes between the graves. He said: O man, wearing the shoes! Woe to thee! Take off thy shoes. So the man looked (round), When he recognized the Apostle of Allah (peace be upon him), he took them off and threw them away.

First of all, you should know that a Muslim should not be killed for killing a belligerent non-Muslim according to the consensus of the scholars may Allaah have mercy upon them. According to the view of the majority of the scholars may Allaah have mercy upon them a Muslim should not be killed against a free non-Muslim under the Muslim rule. The evidence about this is the saying of the Prophet sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ):

"A Muslim should not be killed for killing a non-Muslim." [At-Tirmithi]

Moreover, according to the view of the majority of the scholars may Allaah have mercy upon them the title (and rulings) “disbeliever” is applicable to a free non-Muslim under the Muslim rule. However, Abu Haneefah, and the scholars of his School of jurisprudence may Allaah have mercy upon them are of the view that a Muslim should be killed for killing a free non-Muslim under Muslim rule; their evidence is the two verses which the questioner mentioned.

Nonetheless, the correct opinion is that of the majority of the scholars may Allaah have mercy upon them that is based on the above Prophetic narration, which is a direct proof related to the case of dispute.

Allaah Knows best.

Fight those who believe not in Allah nor the Last Day, nor hold that forbidden which hath been forbidden by Allah and His Messenger, nor acknowledge the religion of Truth, (even if they are) of the People of the Book, until they pay the Jizya with willing submission, and feel themselves subdued.

The honour of Islam lies in insulting kufr and kafirs. One who respects the kafirs dishonours the Muslims… The real purpose of levying jiziya on them is to humiliate them to such an extent that they may not be able to dress well and to live in grandeur. They should constantly remain terrified and trembling. It is intended to hold them under contempt and to uphold the honour and might of Islam.

...the dhimmi is obliged not to mention Allah or His Apostle…Jews, Christians, and Majians must pay the jizya …on offering up the jizya, the dhimmi must hang his head while the official takes hold of his beard and hits [the dhimmi] on the protruberant bone beneath his ear [i.e., the mandible]...^[1]

Abu Huraira reported Allah's Messenger (may peace be upon him) as saying: Do not greet the Jews and the Christians before they greet you and when you meet any one of them on the roads force him to go to the narrowest part of it.

Narrated Amr ibn al-'As: AbdurRahman ibn Hasanah reported: I and Amr ibn al-'As went to the Prophet (peace be upon him). He came out with a leather shield (in his hand). He covered himself with it and urinated. Then we said: Look at him. He is urinating as a woman does. The Prophet (peace be upon him), heard this and said: Do you not know what befell a person from amongst Banu Isra'il (the children of Israel)? When urine fell on them, they would cut off the place where the urine fell; but he (that person) forbade them (to do so), and was punished in his grave.

Abu Huraira reported that Allah's Messenger (may peace be upon him) said: A group of Bani Isra'il was lost. I do not know what happened to it, but I think (that it 'underwent a process of metamorphosis) and assumed the shape of rats. Don't you see when the milk of the camel is placed before them, these do not drink and when the milk of goat is placed before them, these do drink. Abu Huraira said: I narrated this very hadith to Ka'b and he said: Did you hear this from Allah's Messenger (may peace be upon him)? I (Abu Huraira) said: Yes. He said this again and again, and I said: Have I read Torah? This hadith has been transmitted on the authority of Ishaq with a slight variation of wording.

Abu Huraira reported that Allah's Messenger (may peace be upon him) said: A group of Bani Isra'il was lost. I do not know what happened to it, but I think (that it 'underwent a process of metamorphosis) and assumed the shape of rats. Don't you see when the milk of the camel is placed before them, these do not drink and when the milk of goat is placed before them, these do drink. Abu Huraira said: I narrated this very hadith to Ka'b and he said: Did you hear this from Allah's Messenger (may peace be upon him)? I (Abu Huraira) said: Yes. He said this again and again, and I said: Have I read Torah? This hadith has been transmitted on the authority of Ishaq with a slight variation of wording.

Abu Huraira reported that the rat (is the result of) metamorphosis (of a group of Bani Isra'il) and the proof of this is that when the milk of goat is placed before it, it drinks it, and when the milk of the camel is placed before it, it would not taste it at all. Ka'b said: Did you hear it from Allah's Messenger (may peace be upon him)? Thereupon he said: Has Torah been revealed to me?

Abu Musa' reported that Allah's Messenger (may peace be upon him) said: When it will be the Day of Resurrection Allah would deliver to every Muslim a Jew or a Christian and say: That is your rescue from Hell-Fire.

Narrated Abu Huraira: Allah's Apostle said, "May Allah curse the Jews, because Allah made fat illegal for them but they sold it and ate its price. "

Narrated Abu Huraira: Allah's Apostle said, "The Hour will not be established until you fight with the Jews, and the stone behind which a Jew will be hiding will say. "O Muslim! There is a Jew hiding behind me, so kill him."

Allah said, (until they pay the Jizyah), if they do not choose to embrace Islam, (with willing submission), in defeat and subservience, (and feel themselves subdued.), disgraced, humiliated and belittled. Therefore, Muslims are not allowed to honor the people of Dhimmah or elevate them above Muslims, for they are miserable, disgraced and humiliated.

Muslim recorded from Abu Hurayrah that the Prophet said, "Do not initiate the Salam to the Jews and Christians, and if you meet any of them in a road, force them to its narrowest alley." This is why the Leader of the faithful `Umar bin Al-Khattab, may Allah be pleased with him, demanded his well-known conditions be met by the Christians, these conditions that ensured their continued humiliation, degradation and disgrace.

The scholars of Hadith narrated from `Abdur-Rahman bin Ghanm Al-Ash`ari that he said, "I recorded for `Umar bin Al-Khattab, may Allah be pleased with him, the terms of the treaty of peace he conducted with the Christians of Ash-Sham: `In the Name of Allah, Most Gracious, Most Merciful. This is a document to the servant of Allah `Umar, the Leader of the faithful, from the Christians of such and such city. When you (Muslims) came to us we requested safety for ourselves, children, property and followers of our religion. We made a condition on ourselves that we will neither erect in our areas a monastery, church, or a sanctuary for a monk, nor restore any place of worship that needs restoration nor use any of them for the purpose of enmity against Muslims. We will not prevent any Muslim from resting in our churches whether they come by day or night, and we will open the doors [of our houses of worship] for the wayfarer and passerby. Those Muslims who come as guests, will enjoy boarding and food for three days. We will not allow a spy against Muslims into our churches and homes or hide deceit [or betrayal] against Muslims. We will not teach our children the Qur'an, publicize practices of Shirk, invite anyone to Shirk or prevent any of our fellows from embracing Islam, if they choose to do so. We will respect Muslims, move from the places we sit in if they choose to sit in them. We will not imitate their clothing, caps, turbans, sandals, hairstyles, speech, nicknames and title names, or ride on saddles, hang swords on the shoulders, collect weapons of any kind or carry these weapons. We will not encrypt our stamps in Arabic, or sell liquor. We will have the front of our hair cut, wear our customary clothes wherever we are, wear belts around our waist, refrain from erecting crosses on the outside of our churches and demonstrating them and our books in public in Muslim fairways and markets. We will not sound the bells in our churches, except discretely, or raise our voices while reciting our holy books inside our churches in the presence of Muslims, nor raise our voices [with prayer] at our funerals, or light torches in funeral processions in the fairways of Muslims, or their markets. We will not bury our dead next to Muslim dead, or buy servants who were captured by Muslims. We will be guides for Muslims and refrain from breaching their privacy in their homes.' When I gave this document to `Umar, he added to it, 'We will not beat any Muslim. These are the conditions that we set against ourselves and followers of our religion in return for safety and protection. If we break any of these promises that we set for your benefit against ourselves, then our Dhimmah (promise of protection) is broken and you are allowed to do with us what you are allowed of people of defiance and rebellion.' "

Have you not considered those (Jews) who are given a portion of the Book? They are invited to the Book of Allah that it might decide between them, then a part of them turn back and they withdraw.

This is because they say: The fire shall not touch us but for a few days; and what they have forged deceives them in the matter of their religion.

Lo! the hypocrites say, and those in whose hearts is a disease: "These people,- their religion has misled them." But if any trust in Allah, behold! Allah is Exalted in might, Wise.

Those who break the covenant of Allah after ratifying it, and sever that which Allah ordered to be joined, and (who) make mischief in the earth: Those are they who are the losers.

But they who disbelieve, and deny Our revelations, such are rightful Peoples of the Fire. They will abide therein.

Lo! those who disbelieve after their (profession of) belief, and afterward grow violent in disbelief: their repentance will not be accepted. And such are those who are astray.
Lo! those who disbelieve, and die in disbelief, the (whole) earth full of gold would not be accepted from such an one if it were offered as a ransom (for his soul). Theirs will be a painful doom and they will have no helpers.

If anyone contends with the Messenger even after guidance has been plainly conveyed to him, and follows a path other than that becoming to men of Faith, We shall leave him in the path he has chosen, and land him in Hell,- what an evil refuge!

Make no excuse. Ye have disbelieved after your (confession of) belief. If We forgive a party of you, a party of you We shall punish because they have been guilty.

They swear by Allah that they said nothing (evil), but indeed they uttered blasphemy, and they did it after accepting Islam; and they meditated a plot which they were unable to carry out: this revenge of theirs was (their) only return for the bounty with which Allah and His Messenger had enriched them! If they repent, it will be best for them; but if they turn back (to their evil ways), Allah will punish them with a grievous penalty in this life and in the Hereafter: They shall have none on earth to protect or help them.

Those who turn back as apostates after Guidance was clearly shown to them,- the Evil One has instigated them and busied them up with false hopes.
This, because they said to those who hate what Allah has revealed, "We will obey you in part of (this) matter"; but Allah knows their (inner) secrets.

Narrated Abu Hazim from Sahl bin Sa'd: The Prophet said, "I am your predecessor (forerunner) at the Lake-Fount, and whoever will pass by there, he will drink from it and whoever will drink from it, he will never be thirsty. There will come to me some people whom I will recognize, and they will recognize me, but a barrier will be placed between me and them." Abu Hazim added: An-Nu'man bin Abi 'Aiyash, on hearing me, said. "Did you hear this from Sahl?" I said, "Yes." He said, " I bear witness that I heard Abu Said Al-Khudri saying the same, adding that the Prophet said: 'I will say: They are of me (i.e. my followers). It will be said, 'You do not know what they innovated (new things) in the religion after you left'. I will say, 'Far removed, far removed (from mercy), those who changed (their religion) after me." Abu Huraira narrated that the Prophet said, "On the Day of Resurrection a group of companions will come to me, but will be driven away from the Lake-Fount, and I will say, 'O Lord (those are) my companions!' It will be said, 'You have no knowledge as to what they innovated after you left; they turned apostate as renegades (reverted from Islam)."

Narrated Abu Huraira: The Prophet said, "While I was sleeping, a group (of my followers were brought close to me), and when I recognized them, a man (an angel) came out from amongst (us) me and them, he said (to them), 'Come along.' I asked, 'Where?' He said, 'To the (Hell) Fire, by Allah' I asked, 'what is wrong with them' He said, 'They turned apostate as renegades after you left.' Then behold! (Another) group (of my followers) were brought close to me, and when I recognized them, a man (an angel) came out from (me and them) he said (to them); Come along.' I asked, "Where?' He said, 'To the (Hell) Fire, by Allah.' I asked, What is wrong with them?' He said, 'They turned apostate as renegades after you left. So I did not see anyone of them escaping except a few who were like camels without a shepherd."

They but wish that ye should reject Faith, as they do, and thus be on the same footing (as they): But take not friends from their ranks until they flee in the way of Allah (From what is forbidden). But if they turn renegades, seize them and slay them wherever ye find them; and (in any case) take no friends or helpers from their ranks;-

Narrated Ikrima: Ali burnt some people and this news reached Ibn 'Abbas, who said, "Had I been in his place I would not have burnt them, as the Prophet said, 'Don't punish (anybody) with Allah's Punishment.' No doubt, I would have killed them, for the Prophet said, 'If somebody (a Muslim) discards his religion, kill him.' "

Narrated 'Ikrima: Some Zanadiqa (atheists) were brought to 'Ali and he burnt them. The news of this event, reached Ibn 'Abbas who said, "If I had been in his place, I would not have burnt them, as Allah's Apostle forbade it, saying, 'Do not punish anybody with Allah's punishment (fire).' I would have killed them according to the statement of Allah's Apostle, 'Whoever changed his Islamic religion, then kill him.'"

Narrated 'Abdullah: Allah's Apostle said, "The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims."

Narrated Abu Qilaba: Once 'Umar bin 'Abdul 'Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate."...

Narrated 'Ali: I relate the traditions of Allah's Apostle to you for I would rather fall from the sky than attribute something to him falsely. But when I tell you a thing which is between you and me, then no doubt, war is guile. I heard Allah's Apostle saying, "In the last days of this world there will appear some young foolish people who will use (in their claim) the best speech of all people (i.e. the Qur'an) and they will abandon Islam as an arrow going through the game. Their belief will not go beyond their throats (i.e. they will have practically no belief), so wherever you meet them, kill them, for he who kills them shall get a reward on the Day of Resurrection."

Narrated Uthman ibn Affan: AbuUmamah ibn Sahl said: We were with Uthman when he was besieged in the house. There was an entrance to the house. He who entered it heard the speech of those who were in the Bilat. Uthman then entered it. He came out to us, looking pale. He said: They are threatening to kill me now. We said: Allah will be sufficient for you against them, Commander of the Faithful! He asked: Why kill me? I heard the Apostle of Allah (peace be upon him) say: It is not lawful to kill a man who is a Muslim except for one of the three reasons: Kufr (disbelief) after accepting Islam, fornication after marriage, or wrongfully killing someone, for which he may be killed. I swear by Allah, I have not committed fornication before or after the coming of Islam, nor did I ever want another religion for me instead of my religion since Allah gave guidance to me, nor have I killed anyone. So for what reason do you want to kill me?

Narrated Abu Musa: A man embraced Islam and then reverted back to Judaism. Mu'adh bin Jabal came and saw the man with Abu Musa. Mu'adh asked, "What is wrong with this (man)?" Abu Musa replied, "He embraced Islam and then reverted back to Judaism." Mu'adh said, "I will not sit down unless you kill him (as it is) the verdict of Allah and His Apostle

Narrated Abu Burda:That the Prophet sent his (i.e. Abu Burda's) grandfather, Abu Musa and Mu'adh to Yemen and said to both of them "Facilitate things for the people (Be kind and lenient) and do not make things difficult (for people), and give them good tidings, and do not repulse them and both of you should obey each other." Abu Musa said, "O Allah's Prophet! In our land there is an alcoholic drink (prepared) from barley called Al-Mizr, and another (prepared) from honey, called Al-Bit"' The Prophet said, "All intoxicants are prohibited." Then both of them proceeded and Mu'adh asked Abu Musa, "How do you recite the Quran?" Abu Musa replied, "I recite it while I am standing, sitting or riding my riding animals, at intervals and piecemeal." Muadh said, "But I sleep and then get up. I sleep and hope for Allah's Reward for my sleep as I seek His Reward for my night prayer." Then he (i.e. Muadh) pitched a tent and they started visiting each other. Once Muadh paid a visit to Abu Musa and saw a chained man. Muadh asked, "What is this?" Abu Musa said, "(He was) a Jew who embraced Islam and has now turned apostate." Muadh said, "I will surely chop off his neck!"

It is narrated on the authority of Abu Huraira that when the Messenger of Allah (may peace be upon him) breathed his last and Abu Bakr was appointed as his successor (Caliph), those amongst the Arabs who wanted to become apostates became apostates. 'Umar b. Khattab said to Abu Bakr: Why would you fight against the people, when the Messenger of Allah declared: I have been directed to fight against people so long as they do not say: There is no god but Allah, and he who professed it was granted full protection of his property and life on my behalf except for a right? His (other) affairs rest with Allah. Upon this Abu Bakr said: By Allah, I would definitely fight against him who severed prayer from Zakat, for it is the obligation upon the rich. By Allah, I would fight against them even to secure the cord (used for hobbling the feet of a camel) which they used to give to the Messenger of Allah (as zakat) but now they have withheld it. Umar b. Khattab remarked: By Allah, I found nothing but the fact that Allah had opened the heart of Abu Bakr for (perceiving the justification of) fighting (against those who refused to pay Zakat) and I fully recognized that the (stand of Abu Bakr) was right.

Narrated Said bin Jubair: Ibn 'Abbas said, "Thursday! What (great thing) took place on Thursday!" Then he started weeping till his tears wetted the gravels of the ground . Then he said, "On Thursday the illness of Allah's Apostle was aggravated and he said, "Fetch me writing materials so that I may have something written to you after which you will never go astray." The people (present there) differed in this matter and people should not differ before a prophet. They said, "Allah's Apostle is seriously sick.' The Prophet said, "Let me alone, as the state in which I am now, is better than what you are calling me for." The Prophet on his death-bed, gave three orders saying, "Expel the pagans from the Arabian Peninsula, respect and give gifts to the foreign delegates as you have seen me dealing with them." I forgot the third (order)" (Ya'qub bin Muhammad said, "I asked Al-Mughira bin 'Abdur-Rahman about the Arabian Peninsula and he said, 'It comprises Mecca, Medina, Al-Yama-ma and Yemen." Ya'qub added, "And Al-Arj, the beginning of Tihama.")

It has been narrated by 'Umar b. al-Khattib that he heard the Messenger of Allah (may peace be upon him) say: I will expel the Jews and Christians from the Arabian Peninsula and will not leave any but Muslim.

Narrated Aisha, Ummul Mu'minin: The Apostle of Allah (peace be upon him) used to setup a pulpit in the mosque for Hassan who would stand on it and satirise those who spoke against the Apostle of Allah (peace be upon him). The Apostle of Allah (peace be upon him) would say: The spirit of holiness (i.e. Gabriel) is with Hassan so long as he speaks in defence of the Apostle of Allah (peace be upon him).

Narrated Abdullah ibn Amr ibn al-'As: When we went out along with the Apostle of Allah (peace be upon him) to at-Ta'if we passed a grave. I heard the Apostle of Allah (peace be upon him) say: This is the grave of AbuRighal. He was in this sacred mosque (sanctuary) protecting himself (from punishment). When he came out, he suffered the same punishment which his people suffered at this place, and he was buried in it. The sign of it is that a golden bough was buried with him. If you dig it out, you will find it with him. The people hastened to it and took out the bough.

Have you considered, if we take them [as slaves] and share them out, what will be left for Muslims who come after us? By God, the Muslims would not find a man to talk to and profit from his labors. The Muslims of our day will eat [from the work of] these people as long as they live, and when we and they die, our sons will eat their sons forever, as long as they remain, for they are slaves to the people of the religion of Islam as long as the religion of Islam shall prevail.